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Supreme Court Allows Appeal in Possession Suit — Arbitration Award Not Binding on Third Party Purchaser. The Court held that an arbitration award does not operate as res judicata against a party who was not a party to the arbitration and who purchased the property in a court auction.

The appellants (plaintiffs) filed a suit for possession and mesne profits in respect of a three-storey commercial-cum-residential building situated at...

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High Court of Gujarat Hears Appeal Against Dismissal of Suit for Injunction Under Section 96 CPC; Appeal Filed by Purchaser Under Agreement to Sell. Trial Court Had Dismissed Suit for Lack of Title and Non-Joinder of Parties Despite Long Possession Claim.

The dispute concerned a suit property being Final Plot No.129 of Town Planning Scheme No.22, Paldi, Ahmedabad, admeasuring 1204 square yards after exc...

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NCLAT Adjudicates Appeals Against NCLT Orders Directing Replacement of Resolution Professional. Issues Pertain to Applicability of Sections 97 and 98 of IBC to Part II CIRP and Interpretation of IBBI Bye-law 23A.

The appeals arise from insolvency proceedings of Hindusthan National Glass & Industries Limited. The Corporate Insolvency Resolution Process (CIRP) be...

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Bombay High Court Overrules Res Judicata Objection in Admiralty Limitation Suit; Prior Withdrawal of Application Before Chinese Court Does Not Bar Fresh Suit Under Code of Civil Procedure, 1908.

The dispute arose from a voyage of the vessel M.V. YURIY ARSHENEVSKIY, owned by Murmansk Shipping Company, a Russian entity, which was chartered to ca...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award in ATM Cash Replenishment Dispute. The petition challenges the award of Rs. 23.26 crores to the respondent for cash loading discrepancies under the 2010 and 2015 agreements.

The judgment originates from a petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by Securitrans India Private Limited, see...

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Bombay High Court Considers Limitation Plea in Suit Alleging Fraud and Late Delivery of Goods Shipped Under Bill of Lading. Defendants Seek Dismissal of Suit on Grounds of One-Year Limitation Period Under Article III(6) of the Carriage of Goods by Sea Act, 1925.

(1) Background: The plaintiff, a Korean company, entered into a contract with Indian exporters for the purchase of cold rolled steel sheets to be ship...

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Bombay High Court Examines Appeals Against Conviction Under Sections 302, 307, 325, 324, 452 r/w 149 of IPC in a Village Faction Murder Case; Holds That Evidence of Interested Witnesses Cannot Be Mechanically Rejected and Must Be Evaluated Cautiously

The appeals arose from a judgment dated September 24, 2009, passed by the Sessions Judge, Gadchiroli, in Sessions Case No. 109 of 2003, convicting 13 ...

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WRIT PETITION NO.2457 OF 2012

The Bombay High Court was seized with four writ petitions filed by various trade unions representing aircraft engineers, technical staff, and technici...